Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-01-27
THE MOTION ARGUED
WHETHER Oh NOT KIDD SHALL HAVE
FEW TRIAL.
Judge Ingram Takes Until Friday Morn
ing to Consider-Barksepe Fined
other Manchester Items.

Kidd IA set aside the verdict and grant
a new trial.
The trial of Kidd upon the charge OF
shooting Thomas Calligan was conclu-
ded in this court Tuesday, and the jury
brought in verdict ascertaining Kidd's
punishment at one years imprisonment
in the penitentiary. ExJudge Clop-
ton Immediately moved that the YER
dict be set aside, on the ground that it
was not in accordance with the law and
the evidence.
Shortly after the hour named above
Judge Ingram ascended the bench and
counsel took their proper positions.
Judge Clopton had written out num-
Der of grounds upon which they asked
for new trial, and made also a motion
for arrest of judgment on the ground
that it was apparent that there were
errors in the whole record. Various
and sundry points were raised and the
discussion of them lasted until 4 p. VI.
MOTION TO DISCHARGE KIDD.
The last motion made was for arrest
OF Judgment and the discharge of the
prisoner upon the ground that he was
never indicted properly, it being al
legged that the special grand jury, 10y
which the accused was indicted, WAS
not obtained in the proper legal course.
The clerk read from the record of the
court an order entered and signed by
Judge French in vacation, last August,
for special grand jury for the Sep
tember term Of the court, at which scs-
sion Kidd was indicted.
Defence claimed that this was a part
of the record OF this case, and that the
order is not in accordance with the re-
quirements Of law.
The attorneys for the Commonwealth
deny both of these propositions, claim
ing that the order in question is In all
respects correct, and that the record in
this case, so far as this court is con-
cerned, begins where the indictment
was brought in 10y special grand jury.
Judge Ingram said that he considered
that the record commences where the
Commonwealth claims, but agreed to
give Judge Clopton until Friday (when
he will give his decision in the case to
produce authorities to support the po-
sition taken by the defence.
THE POINTS RAISED.
The two principal points upon which
the motion for new trial is based are
that in the list of names of twenty per
sons to be summoned from Richmond
out of which to get seven men to com
plete the panel of sixteen, which was
furnished by the Judge, was the name
of j. f. r. Burroughs, who is a resi-
dent of Chesterfield; and that the
minutes of the court show that there
were twenty-eight qualified jurors ac-
cepted to try the case, only twelve Of
whom served, and that there was no
thing even TO show that sixteen were
empanelled and -four stricken off,
leaving the required jury of twelve.
When this last point was raised the
Judge had read by the clerk corrected
order remedying this defect, which he
had prepared ready to be entered.
The defence objected to this order
being entered, but the objection was
oyerruled and they excepted. The
judges decision on all the points raised
will be gwen tomorrow morning.
Barkeepers Fined.
John II. Talley, who keeps aybar-
room on Hull street near MayO's bridge,
and Lee Latham, who keeps on the
same street between Tenth and Elcv-
enth, both of whom had been indicted
for selling liquor on Sunday, were be
fore the Hastings Court yesterday
morning to answer this charge. Tie
summons was made returnable on Fri
day the 2Sth instant, but these gentle
men responded Immediately upon re-
ceiving the process. Both of them
pleaded guilty and threw themselves
upon the mercy of the Court, at the
time giving assurance that in future
they would not violate the law if al
lowed to retain their licenses.
Acting under this assurance, Judge
Ingram let them off this time upon the
payment Of fine of $2j each, and told
them that should they be found guilty
of the same offence the second time he
wonld enforce the law and revoke their
licenses
When liquOr-licenses were issued last
April Judge French required all appli-
cants 10 sign an agreement neither to
sell on Sunday nor to minors Mr..
Talley signed this pledge, but Mr.
Latham did not, he having commenced
business since that time Judge In
gram has announced his intention to
enforce the liquor laws strictly, and to
this end it is understood will have spe-
cial grand juries from time to time to
inquire as to whether there are any vio-
latiOns of them.
HIS PLACE WAS CLOSED.
When Deputy-Sergeant Fisher went
to execute the summons on John Ne
Cullough, who keeps Just across Hui
street from Talley's place, the door waS
closed on him, aud he was unable t.
gain admission. Therefore he posted
the summons on the front door of the
house. Mccullough, within the last
six months, has been fined III the
Mayors Court for tins offence.
Minor Matters.
The continued case of Charles ".
Turner, who was presented for allowing
a nuisance (stagnant water) on piece
Of property belonging to him (of which
mention has been made i'll the Di =
patch), was called in the Hustin g
Court yesterday. 1t appearing that
Mr.. Turner had not owned the proper
ty for three years, the case was dis
missed.
Ralph Bingham, the "boy orator, ="
will give an entertainment at the Cen
tral Methodist church tonight and to
morrow night for the benefit Of thc
church
An alarm Of fire was turned in from
the First Ward at 9:20 o'clock last
night 1t must have been false one,
as no fire could be found in that neigh
borhood.
The case of +. T. Totty, who was
sent on to the grand jury for peddlinS
without hcense-he having stood on
his tender of coupons-is set for trial
in the Hastings Court tomorrow also,
the cases against the City Council for
allowing ponds Of stagnant water TO re-
main in some OF the streets.